(A) The person responsible for maintenance of ESD treatment systems and structural BMPs, shall maintain in good condition and promptly repair and restore all ESD practices, grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices in perpetuity. Such repairs or restoration and maintenance shall be in accordance with previously approved or newly submitted plans.
(B) A maintenance schedule shall be developed and shown on the approved final SWM plan, and shall indicate the necessary maintenance and frequency thereof.
(C) ESD treatment systems and structural BMPs shall be owned and maintained by a property owners association, a private property owner, or another private person. Only those ESD planning techniques and practices and structural BMPs that provide a recreational benefit and access to the general public may be considered for acceptance and maintenance by the county; provided that: (1) the request for public maintenance is made prior to approval of the SWM concept plan; and (2) the Division and any affected county agency provides an affirmative recommendation to the county. ESD planning techniques and practices and structural BMPs to be dedicated to the county shall be maintained by the developer until such time as they are accepted by the county. To the extent the county agrees to accept ESD treatment systems and structural BMPs, the facilities shall be maintained by an agency appointed by the county. The county reserves the right to set up storm drainage districts to pay for this service.
(Ord. 10-09-544, 5-20-2010; Ord. 14-23-678, 11-13-2014)